IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JESSIE SCOTT, et al. : CIVIL ACTION

:

v. :

:

FAIRBANKS CAPITAL :

CORPORATION, et al. : NO. 02-2778

FIRST SCHEDULING ORDER

AND NOW, this day of August, 2002, following a

status conference in the above case, IT IS HEREBY ORDERED that:

 1. All discovery shall proceed forthwith and continue

in such manner as will assure that all requests for, and

responses to, discovery will be served, noticed and completed by

November 29, 2002.

 2. Parties shall serve reports of expert witnesses

with respect to issues on which they have the burden of proof at

least thirty (30) days before completion of discovery.

 3. Parties shall serve any responsive reports on or

before the date for completion of discovery.

 4. Any summary judgment motion or other dispositive

motion, together with supporting brief, shall be filed and served

on or before December 6, 2002. Every factual assertion in a

brief shall be supported by a citation to the record where that

fact may be found.

 5. No brief filed in support of or in opposition to

any motion shall exceed 25 pages in length without prior leave of

court.

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 6. All parties shall prepare and file with the Clerk

of Court their Pretrial Memoranda, in accordance with this Order

and Local Rule of Civil Procedure 16.1(c), and any motions in

limine as follows:

A. Plaintiff(s) - on or before December 12, 2002;

and

B. Defendant(s) - on or before December 23, 2002.

 7. The court will assign a Magistrate Judge to hold a

settlement conference prior to the scheduled trial.

 8. The case will be placed in the trial pool on

January 2, 2003.

 9. Any party having an objection to: (A) the

admissibility for any reason (except relevancy) of any evidence

expected to be offered or (B) the adequacy of the qualifications

of an expert witness expected to testify shall set forth

separately each such objection in its Pretrial Memorandum. Such

objection shall describe with particularity the ground and the

legal authority for the objection.

10. The Pretrial Memorandum shall also identify the

other significant legal issues involved in the case, together

with appropriate citations and other legal authority.

11. If any party desires an "offer of proof" as to any

witness or exhibit expected to be offered, that party shall

inquire of counsel prior to trial for such information. If the

inquiring party is dissatisfied with any offer provided, such

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party shall file a motion seeking relief from the Court prior to

trial.

12. At least five (5) working days before the case is

placed in the trial pool, each party shall submit to the Court,

and serve on each other, proposed findings of fact and

conclusions of law. The statement will list each proposed

finding and conclusion in a separate numbered paragraph. Counsel

should be concise and propose only those findings and conclusions

that are essential to the claim or defense at issue. Conclusions

of law should be accompanied by appropriate citations of legal

authority.

13. If a party uses any version of the Word perfect

word processing system, it is urged to provide the court with a

disk containing the proposed findings of fact and conclusions of

law.

14. Before commencement of trial, counsel will premark and exchange all exhibits. The Court should be supplied

with two (2) copies of each exhibit, and a schedule of exhibits

which shall briefly describe each exhibit.

15. Except in unusual circumstances, the Court will

expect to hear counsel's closing arguments immediately at the

conclusion of the trial.

BY THE COURT:

______________________________

 J.

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